EMMANUEL BAMIGBADE & ANOR V. MR.THOMAS OJO ADEYERI & ORS.

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Justice, Ikere-Ekiti Division in Ekiti State in Suit No.: HCR/1/2007 - EMMANUEL BAMIGBADE and 1 OTHER V. THOMAS OJO ADEYERI and 2 OTHERS delivered on 29th day of March, 2011.

Briefly the facts of the case are that the Plaintiffs now Appellants in a representative capacity instituted an action against the Defendants now Respondents also in a representative capacity at the lower court in which they claimed as follows:

"(1) A declaration that the plaintiffs are the persons entitled to the Statutory Right of Occupancy in respect of a parcel or piece of land situate lying and being at the Sao Agbadamu family Compound Uro Quarters, Ikere-Ekiti, Ekiti State.

The parcel of family land is bounded as follows:-

(i) On the 1st side by Adidemoyan house now inherited by the 1st Plaintiff.

(ii) On the 2nd side by Okearo land now owned by Sam Aluko.

(iii) At the 3rd side by Atiba Str…